Terms and Conditions
Welcome to 321GoProject’s Website Product — ModSites (“Product”). These Terms and Conditions (“Terms”) govern your use of the Product provided by 321GoProject (“we”, “us”, or “our”). Please read these Terms carefully before using our Product. Your access to and use of the Product is conditioned upon your acceptance of and compliance with these Terms. By using the Product, you agree to be bound by these terms. 321GoProject is a brand operated by SIMPLEFINN, INC.
Terms.
Intellectual Property Rights
All intellectual property rights, including but not limited to, copyrights, trademarks, and trade secrets in the Product and any content, images, or other materials provided by us are owned by 321GoProject or our licensors. Except as expressly authorized by us, you may not copy, modify, distribute, sell, or lease any part of the Product or its content.
License
Subject to your compliance with these Terms, 321GoProject grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Product solely for your personal or internal business purposes. You may not use the Product for any other purposes or in any manner that violates any applicable laws or regulations.
Restrictions
You agree not to, and will not permit others to:
a. Reproduce, modify, adapt, or create derivative works based on the Product.
b. Reverse engineer, decompile, or disassemble the Product.
c. Remove any proprietary notices or labels from the Product.
d. Use the Product in a manner that violates any applicable laws or regulations, or infringes upon the rights of any third party.
User Content
You may be able to upload, store, or share content, including but not limited to, text, images, and other materials (collectively, “User Content”) through the Product. You are solely responsible for the User Content that you provide and for ensuring that it complies with all applicable laws and regulations.
By submitting User Content, you grant 321GoProject a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with the Product and our business.
Privacy
Our collection and use of your personal information in connection with the Product is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Product, you acknowledge that you have read and understood our Privacy Policy.
Termination
We may terminate or suspend your access to the Product without prior notice or liability, for any reason whatsoever, including but not limited to, a breach of these Terms. Upon termination, your right to use the Product will immediately cease.
Disclaimer of Warranties
The Product is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
In no event shall 321GoProject or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or other intangible losses, arising out of or in connection with your use of the Product, even if we have been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold harmless 321GoProject and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or relating to
a. Your use of the Product or any activities conducted through the Product.
b. Your violation of these Terms.
c. Your User Content, including but not limited to, any claims of infringement or misappropriation of intellectual property rights.
d. Any harm, loss, or damage caused by your actions, negligence, or willful misconduct.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide reasonable advance notice of any material changes. Your continued use of the Product following any modifications constitutes acceptance of those changes. If you do not agree to the new Terms, you must stop using the Product.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of South Carolina, without regard to its conflict of law provisions. Any disputes arising from or relating to the Product or these Terms shall be subject to the exclusive jurisdiction of the courts located in South Carolina.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.
Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Payment Terms and Cancellation Policy
Payment Terms
All fees and charges related to the Product are set forth in the applicable pricing or order document (“Fees”). You agree to pay the Fees in accordance with the payment terms specified therein. Unless otherwise stated, all Fees are quoted in USD and are exclusive of any applicable taxes, levies, or duties, which are your responsibility.
We reserve the right to change the Fees at any time upon prior notice. Any changes in Fees will be effective for new orders or upon renewal of existing subscriptions, as applicable.
Invoicing and Payment
Invoices for the Product will be issued on a monthly basis, with payment due on the same day each month as the date on which your subscription started (the “Payment Date”). You agree to set up automatic monthly payments using a valid credit card, debit card, or other authorized payment method accepted by 321GoProject.
By providing your payment information, you authorize 321GoProject to charge the applicable Fees, plus any applicable taxes, levies, or duties, to your designated payment method on the Payment Date each month, without any further action or authorization required from you.
It is your responsibility to ensure that your payment information is accurate and up-to-date at all times. If your payment method is declined or fails for any reason, you agree to pay any overdue amounts within [number] days from the date of notice of such payment failure. Any overdue payments may be subject to interest at the rate of 5% per month, or the maximum rate permitted by law, whichever is lower, from the due date until the date of payment.
You may update your payment information or change your payment method by contacting 321GoProject at help@321goproject.com.
Cancellation Policy
You may cancel your subscription to the Product by providing written notice to us at least 30 days prior to the end of the then-current subscription term. Upon receipt of a timely cancellation notice, your subscription will terminate at the end of the then-current subscription term, and you will not be billed for any subsequent renewal periods.
If you cancel your subscription before the end of the then-current subscription term, you will not be entitled to a refund for any prepaid Fees. Any outstanding Fees for the remainder of the subscription term will become immediately due and payable upon cancellation.
Suspension and Termination for Non-Payment
If your account becomes overdue, we reserve the right to suspend your access to the Product until all outstanding Fees and interest are paid in full. If your account remains overdue for more than ten (10) days, we may, at our sole discretion, terminate your subscription and access to the Product without further notice, and pursue any available legal remedies for collection of the outstanding amounts.
In addition to any other rights and remedies available to us, we reserve the right to charge a reinstatement fee in the event that your access to the Product is suspended or terminated due to non-payment and subsequently reinstated upon receipt of payment.
Services to Be Provided
Scope of Services
321GoProject agrees to provide you with the services outlined in the applicable order document, proposal, or statement of work (“Services”), which may include, but are not limited to, website design, development, content creation, graphic design, digital marketing, search engine optimization, and any other services as agreed upon by the parties. The specific details, deliverables, and timeline for the Services will be set forth in the applicable order document, proposal, or statement of work.
Performance Standards
We will perform the Services in a professional and workmanlike manner, in accordance with generally accepted industry standards and practices. We will use reasonable efforts to complete the Services within the agreed-upon timeline, subject to your timely provision of any required information, materials, or approvals. We do not guarantee any specific results or outcomes from the Services.
Changes to Scope of Services
If you wish to make any changes to the scope of the Services, including but not limited to, the addition of new features or functionality, you must submit a written request detailing the proposed changes. We will review your request and provide you with a revised order document, proposal, or statement of work, as applicable, reflecting the revised scope of Services, deliverables, timeline, and any adjustments to the Fees. Any changes to the scope of Services will be effective only upon mutual written agreement by the parties.
Client Responsibilities
You agree to provide us with all necessary information, materials, and access required for the performance of the Services, in a timely manner and in the formats requested by us. You further agree to review and approve or provide feedback on any deliverables or work product in accordance with the timelines specified in the applicable order document, proposal, or statement of work. Your failure to fulfill your responsibilities may result in delays or additional costs, for which we shall not be responsible.
Ownership of Deliverables
Upon full payment of all Fees associated with the Services, 321GoProject grants you a non-exclusive, perpetual, irrevocable, royalty-free, and worldwide license to use, reproduce, display, and distribute the deliverables and work product created in the course of providing the Services, solely for your personal or internal business purposes, subject to any third-party rights or restrictions. We reserve the right to use and display the deliverables and work product in our portfolio, marketing materials, and case studies, unless otherwise agreed in writing.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and 321GoProject regarding your use of the Product and supersede any prior agreements, communications, or understandings between you and us with respect to the subject matter hereof.
Contact Information
If you have any questions or concerns about these Terms or the Product, please contact us at:
321GoProject
650 Bridlewood Lane
Mount Pleasant, SC 29464
USA
help@321goproject.com
By using the Product, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.